Tussey v. Felty

■Opinion op the Court by

Turner, Commissioner

Reversing.

Appellant brought his action against appellee for a fee alleged to be due him as a real estate agent for services in the sale of appellee’s property, under the terms of a contract between them.

Defendant answered in two paragraphs, the first of which was a traverse, but in the second he relied upon, as *507an affirmative defense, the fact that appellant had not complied with the provisions of the statute in this state requiring him before engaging in the occupation of a real estate agent to pay a license tax, and providing a penalty for his…